I was working in XYZ Bank (Private Bank) as Branch Manager in Islamabad, Pakistan, last year. My job was terminated without any customer complaints, with an allegation that I received an amount of 3 million cash outside the bank from TAMEER MICROFINANCE BANK Manager and issued a Memorandum/bank slip.
So, I informed the bankers that the same could be verified easily from the said Bank's Branch Manager. However, the management completely neglected my reply prima facie and did not consider it. Furthermore, the Bank management conducted a domestic inquiry against me on 25-07-2014, and the inquiry officer's report sent to higher management was against me. Based on this report, the management issued me a Letter of Termination on 06-08-2014. I then approached the NIRC court the next day following all procedures. To date, XYZ Bank does not have any solid proof against me. However, in the last week, the NIRC court rejected some bank manager cases, stating that the manager is not a worker/workman. Therefore, I request all members to advise me on the further course of action so that I can be reinstated with retrospective effect.
From Pakistan, Islamabad
Acknowledge(0)
Amend(0)
So, I informed the bankers that the same could be verified easily from the said Bank's Branch Manager. However, the management completely neglected my reply prima facie and did not consider it. Furthermore, the Bank management conducted a domestic inquiry against me on 25-07-2014, and the inquiry officer's report sent to higher management was against me. Based on this report, the management issued me a Letter of Termination on 06-08-2014. I then approached the NIRC court the next day following all procedures. To date, XYZ Bank does not have any solid proof against me. However, in the last week, the NIRC court rejected some bank manager cases, stating that the manager is not a worker/workman. Therefore, I request all members to advise me on the further course of action so that I can be reinstated with retrospective effect.
From Pakistan, Islamabad
Acknowledge(0)Amend(0)
For your information even a pilot is an workman as per court judgement. In your case, you need to consult a good labour lawyer of your area to present your case before the court.
From India, New Delhi
Acknowledge(0)Amend(0)
450From India, New Delhi
Acknowledge(0)Amend(0)
Union Bank is a public sector bank. Therefore, you do not need to go to court alone. You can even go to the Central Administrative Tribunal and apply for reinstatement. In case you think the case against you is due to corruption or any wrongdoing by any person in the bank, you can also approach the Central Vigilance Commission.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
UBL Bank is a private bank. If you intend to challenge your termination before NIRC constituted under the Industrial Relations Act, 2012 (Pakistan). However, the industrial dispute can only be raised if you are covered within the definition of "worker" or "workman" as defined under section 2(xxxiii) of the Act. It excludes any person who is employed mainly in a managerial or administrative capacity. Prima facie, your designation shows that you were engaged in a managerial capacity.
In the case of Central Bank of India v Asstt Labour Commissioner (2000) 1 LLJ 167, the Allahabad High Court also observed that a Bank Branch Manager is not a workman. You can compare your nature of duties with those stated in the case, and if they align, NIRC will not have jurisdiction. However, you may file a suit for a declaration in civil court to declare the termination as illegal and for an award of damages subject to the prevailing law of the land.
You may consult a labor or civil lawyer for appropriate remedies as per local laws. Thanks
From India, New Delhi
Acknowledge(0)Amend(0)
In the case of Central Bank of India v Asstt Labour Commissioner (2000) 1 LLJ 167, the Allahabad High Court also observed that a Bank Branch Manager is not a workman. You can compare your nature of duties with those stated in the case, and if they align, NIRC will not have jurisdiction. However, you may file a suit for a declaration in civil court to declare the termination as illegal and for an award of damages subject to the prevailing law of the land.
You may consult a labor or civil lawyer for appropriate remedies as per local laws. Thanks
From India, New Delhi
Acknowledge(0)Amend(0)
I am mailing this thread to an expert in legal practices. Am keen to understand how can this be resolved!
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Wish that the thread should have been sorted out expeditiously so that a foreigner may also bank upon the cite.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear anonymous,
The original post was incomplete. For example, it does not state which country the person is in or what type of bank he is working for. Since most of the members of the forum are from India, in the absence of specific information, they will assume it is an Indian case. I do not think there are enough members here from Pakistan to provide the kind of support that Indian HR professionals get from the site.
For some generic HR procedures, the country does not matter. However, for anything that has a legal implication, knowing the laws that apply is critical. Foreigners can rely on citehr when there are enough locals from their country contributing to the forum.
From India, Mumbai
Acknowledge(0)Amend(0)
The original post was incomplete. For example, it does not state which country the person is in or what type of bank he is working for. Since most of the members of the forum are from India, in the absence of specific information, they will assume it is an Indian case. I do not think there are enough members here from Pakistan to provide the kind of support that Indian HR professionals get from the site.
For some generic HR procedures, the country does not matter. However, for anything that has a legal implication, knowing the laws that apply is critical. Foreigners can rely on citehr when there are enough locals from their country contributing to the forum.
From India, Mumbai
Acknowledge(0)Amend(0)
Knowledge has all-pervasive characteristics. From the facts, it is evident that the queriest worked in a bank. The very fact that he is trying to invoke the jurisdiction of NIRC shows that he belongs to Pakistan. The NIRC is constituted under the Industrial Relations Act 2012 (Pakistan), which is available on the internet. Thus, on close examination, at least the forum where he can approach can be identified. One cannot comment on merits.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Nawaz,
As a matter of fact, I am not aware of the legal procedures and details of the judiciary system in Pakistan.
But in general, anyone can say that the "ONUS OF PROOF" normally lies with (a) in the case of a Criminal Case - the Applicant/Plaintiff and (b) in the case of a Civil case - the Respondent/Defendant.
From India, Kumbakonam
Acknowledge(0)Amend(0)
As a matter of fact, I am not aware of the legal procedures and details of the judiciary system in Pakistan.
But in general, anyone can say that the "ONUS OF PROOF" normally lies with (a) in the case of a Criminal Case - the Applicant/Plaintiff and (b) in the case of a Civil case - the Respondent/Defendant.
From India, Kumbakonam
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Job Description - HR & Admin.doc
SKILLS YOU REQUIRE TO BAG THE JOB YOUWANT.pptx